On the set of Lex Inside (B Smart), Dorothée de Bernis, Partner at Desfilis Avocats, discussed a reform whose scope extends well beyond financial services: it applies to all contracts entered into remotely with consumers via a digital interface.
The bulk of its provisions took effect on 19 June 2026, the reform transposes a 2023 EU directive and is built around four key strands:
- Disclosure obligations are reinforced and a duty to advise is introduced. A single, printable document; clear information provided before signature and consumers must be able to speak with a person to confirm they understand what they are signing. Dark patterns, previously sanctioned only for online platform providers, now apply to all traders.
- The right of withdrawal is strengthened. 14 days as a baseline — extended to 1 year and 14 days if the required information was not provided — and no time limit at all where the obligations attached to the withdrawal right itself were not met. New requirement: a two-step “withdrawal button,” with mandatory acknowledgment of receipt from traders.
- Cold calling rules are being tightened. For financial services (excluding insurance), contracts can no longer be entered into on the first call: a two-step sale process is now required, with the proposal transmitted in writing before signature.
- The sanctions regime is being decriminalised… but administrative penalties remain severe: fines of up to €375,000, under the oversight of the DGCCRF (France’s consumer affairs and fraud control authority).
Key takeaways for businesses:
- Log and timestamp evidence that the required information was provided — the burden of proof falls on traders
- Audit their own subscription journey to identify misleading practices
- Start adapting their sales process now, ahead of the 1 January 2027 deadline
- Monitor their subcontractors, they are held responsible for them
For a more in-depth analysis, watch Dorothée de Bernis’s full interview on Lex Inside (B Smart), hosted by Arnaud Dumourier.
